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Week 4 Lecture Notes

Covers merits review, tribunal processes (AAT, ART, QCAT), and the role of Ombudsman in administrative law. Focuses on decision-making reviews, standing, procedural fairness, and oversight of government actions in a civil law context.

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Lecture NotesMerits Review Revision*Merits review involves:°Questions of fact — concerns available evidence on which findings of fact can be made°Questions of discretion — concerns the choices available to the decision makeroQuestions of law — concerns definitional and interpretive issues*Correct or preferable decision on material before tribunal (Drake v MIEA ):°Correct — questions of law (that the decision was made according to law)°Preferable — questions of discretion (if there is a range of decisions that are correct inlaw, the decision should be the best that could have been made on the relevant facts*Material before tribunal — questions of fact (fresh evidence and inferences fromevidence, not bound to only consider things the original decision maker considered)Correct or Preferable Decision*Discretionary arguments to be made in merits review:°Example of merits review remaking a decision on discretionary arguments —StarBroadcasting Network Pty Ltd v Australian Broadcasting Authority(2003) AATA1348°AAT removed the conditions imposed by ABA on the broadcaster because theconditions were onerous and the aims attempted to be achieved by the ABA bylimiting the broadcast reach of Star Broadcasting could have been achieved throughtechnical means rather than broader and onerous conditions that were imposed onthe license°AAT didn't say ABA conditions were illegal, just that it was not the "preferable"decisionART Introduction1The AAT was established in 1976.■The ART was established in 2024.•Commonwealth body.•The core aims of the AAT include:

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Civil Law

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